Bergen County prosecutor defends probe of accused cops

By Peter Sampson

staff writer |

The Record

In more than a decade as Bergen County’s top law enforcement officer, Prosecutor John L. Molinelli had never referred a police matter for disciplinary action, then taken it back for a criminal prosecution, he testified Tuesday.

Carmine Galasso/Staff Photographer

Bergen County Police Officers Jeffrey Roberts, left, and Saheed Baksh in court Tuesday for the misconduct trial involving their actions in a shooting.

But Molinelli told a jury that is what he did in the case of Bergen County Police Officers Saheed Baksh and Jeffrey Roberts, who are on trial in state Superior Court in Hackensack on charges of official misconduct, evidence tampering and giving false statements.

Carmine Galasso/Staff Photographer

Bergen County Prosecutor John L. Molinelli on the stand for testimony in the trial of two Bergen County police officers.

Molinelli said he took the unusual step because he was dissatisfied with the way the Bergen County Police Department handled an internal-affairs investigation of a police shooting after a high-speed chase nearly four years ago.

Baksh and Roberts are accused of removing two shell casings from the scene after Baksh fired at one of two burglary suspects fleeing from a sport utility vehicle in Bogota after a wild chase through six towns on Aug. 12, 2010. They also are accused of lying to investigators for stating that Baksh, fearing the driver was reaching for a weapon, yelled “Show me your hands” before firing the two shots, which missed the suspect.

In opening statements three weeks ago, defense lawyers had portrayed their clients as collateral damage in an ongoing political feud between two “titans,” Molinelli and County Executive Kathleen Donovan, over plans to merge the county police with the Sheriff’s Office.

During cross-examination, Molinelli acknowledged that he had been asked to fund a study of how police agency consolidation could benefit taxpayers, but efforts to delve into the political undercurrents of the case were sharply limited by Judge Patrick J. Roma.

The prosecution rested its case after Molinelli’s testimony. The defense also rested without calling any witnesses. The judge then heard and rejected defense arguments seeking to dismiss the charges. The jury will return Thursday to hear summations and legal instructions and possibly to begin deliberations.

Molinelli testified that about two hours had passed before his office was alerted to the shooting, and he said that by then, the crime scene was compromised by the removal of the suspects’ and police vehicles and the shell casings.

Under state guidelines, Molinelli said, his office is required to investigate any use of deadly force by police to ensure that proper procedures were followed and that the use of force was justified.

Molinelli said he had “very high confidence” that the county police would thoroughly investigate the incident when he decided to decline criminal prosecution and refer the matter for administrative action in November 2010.

He said his office continued to “closely monitor” the matter as the county police appointed a special prosecutor and a hearing officer to sort out the facts and make disciplinary recommendations.

Molinelli said that when he later learned that the acting county police chief at the time, Brian Higgins, refused to sign a document laying out accusations against the officer, which Molinelli had reviewed and found to be acceptable, and that Higgins favored one with lesser potential consequences, he decided his office would exercise its authority to “supersede” and have one of his assistant prosecutors oversee the administrative proceedings.

Higgins, however, would not go along with the prosecutor’s decision, so Molinelli said he reached out to the county executive, the acting chief’s supervisor in non-law-enforcement matters.

Donovan, in a letter to him, also contested his authority, he said. |“I did not believe the internal affairs investigation was proceeding thoroughly and fairly, and now |I was dealing with a county ex­ecutive who does not recognize my authority to supersede,” Molinelli told the jury.

At that point, Molinelli said, he notified Donovan that he was taking the case back and that his office would reopen a criminal investigation, which ultimately led to the officers’ indictment.

Molinelli’s decision prompted a letter from Donovan, who wrote to Molinelli that he had overstepped his authority.

Roberts’ attorney, Charles Sciarra, grilled Molinelli about the letters with Donovan. “I think she was ill-advised and incorrect,” Molinelli said.

Sciarra asked Molinelli at one point if, when prosecuting cases, he ever gave favorable treatment to any particular group, prompting an objection from Assistant Prosecutor Wayne Mello.

When Sciarra later tried to raise the same issue in a different way, the judge told him not to do it again.

Last week, the defense asked the judge to keep Molinelli off the witness stand, claiming his appearance could unduly influence the jury and prolong the trial if they have to call the county executive and others to testify.

Bergen County prosecutor defends probe of accused cops

Bergen County Police Officers Jeffrey Roberts, left, and Saheed Baksh in court Tuesday for the misconduct trial involving their actions in a shooting.

By Peter Sampson

staff writer |

The Record

In more than a decade as Bergen County’s top law enforcement officer, Prosecutor John L. Molinelli had never referred a police matter for disciplinary action, then taken it back for a criminal prosecution, he testified Tuesday.

But Molinelli told a jury that is what he did in the case of Bergen County Police Officers Saheed Baksh and Jeffrey Roberts, who are on trial in state Superior Court in Hackensack on charges of official misconduct, evidence tampering and giving false statements.

Bergen County Prosecutor John L. Molinelli on the stand for testimony in the trial of two Bergen County police officers.

Molinelli said he took the unusual step because he was dissatisfied with the way the Bergen County Police Department handled an internal-affairs investigation of a police shooting after a high-speed chase nearly four years ago.

Baksh and Roberts are accused of removing two shell casings from the scene after Baksh fired at one of two burglary suspects fleeing from a sport utility vehicle in Bogota after a wild chase through six towns on Aug. 12, 2010. They also are accused of lying to investigators for stating that Baksh, fearing the driver was reaching for a weapon, yelled “Show me your hands” before firing the two shots, which missed the suspect.

In opening statements three weeks ago, defense lawyers had portrayed their clients as collateral damage in an ongoing political feud between two “titans,” Molinelli and County Executive Kathleen Donovan, over plans to merge the county police with the Sheriff’s Office.

During cross-examination, Molinelli acknowledged that he had been asked to fund a study of how police agency consolidation could benefit taxpayers, but efforts to delve into the political undercurrents of the case were sharply limited by Judge Patrick J. Roma.

The prosecution rested its case after Molinelli’s testimony. The defense also rested without calling any witnesses. The judge then heard and rejected defense arguments seeking to dismiss the charges. The jury will return Thursday to hear summations and legal instructions and possibly to begin deliberations.

Molinelli testified that about two hours had passed before his office was alerted to the shooting, and he said that by then, the crime scene was compromised by the removal of the suspects’ and police vehicles and the shell casings.

Under state guidelines, Molinelli said, his office is required to investigate any use of deadly force by police to ensure that proper procedures were followed and that the use of force was justified.

Molinelli said he had “very high confidence” that the county police would thoroughly investigate the incident when he decided to decline criminal prosecution and refer the matter for administrative action in November 2010.

He said his office continued to “closely monitor” the matter as the county police appointed a special prosecutor and a hearing officer to sort out the facts and make disciplinary recommendations.

Molinelli said that when he later learned that the acting county police chief at the time, Brian Higgins, refused to sign a document laying out accusations against the officer, which Molinelli had reviewed and found to be acceptable, and that Higgins favored one with lesser potential consequences, he decided his office would exercise its authority to “supersede” and have one of his assistant prosecutors oversee the administrative proceedings.

Higgins, however, would not go along with the prosecutor’s decision, so Molinelli said he reached out to the county executive, the acting chief’s supervisor in non-law-enforcement matters.

Donovan, in a letter to him, also contested his authority, he said. |“I did not believe the internal affairs investigation was proceeding thoroughly and fairly, and now |I was dealing with a county ex­ecutive who does not recognize my authority to supersede,” Molinelli told the jury.

At that point, Molinelli said, he notified Donovan that he was taking the case back and that his office would reopen a criminal investigation, which ultimately led to the officers’ indictment.

Molinelli’s decision prompted a letter from Donovan, who wrote to Molinelli that he had overstepped his authority.

Roberts’ attorney, Charles Sciarra, grilled Molinelli about the letters with Donovan. “I think she was ill-advised and incorrect,” Molinelli said.

Sciarra asked Molinelli at one point if, when prosecuting cases, he ever gave favorable treatment to any particular group, prompting an objection from Assistant Prosecutor Wayne Mello.

When Sciarra later tried to raise the same issue in a different way, the judge told him not to do it again.

Last week, the defense asked the judge to keep Molinelli off the witness stand, claiming his appearance could unduly influence the jury and prolong the trial if they have to call the county executive and others to testify.